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Boynton Beach backs state legislation that would regulate sober homes

Following other municipalities in Palm Beach County, Boynton Beach city commissioners are backing state legislation that would regulate sober homes, which are unregulated transitional living facilities for recovering drug and alcohol addicts.

The proposed legislation would prohibit sober homes from operating anywhere in the state without valid registration from the state Department of Children and Families. Registration would require background checks and eviction procedures. Also, the facilities would be required to be inspected. Operating a sober home without the proper registration could result in criminal penalties.

On March 14 city attorney James Cherof sent a letter to Mayor Jerry Taylor and the city commissioners urging them not to adopt any local ordinance regulating sober homes. The recommendation came after reviewing the court’s decision in the 2012 Caron Foundation of Florida v. the City of Delray Beach. In that case, Caron wanted to open two sober homes in Delray Beach. One of the homes was approved. The city amended ordinances after Caron submitted an application for a second home.

Caron argued that the ordinance violated the Fair Housing Act and the Americans With Disabilities Act. The court ended up deciding the city acted with “discriminatory intent” in amending its ordinance,” according to the memo from Cherof.

“In light of the Federal Court’s decision in Caron v. City of Delray Beach, the City Attorney’s Office recommends that the City defer the consideration of an ordinance regulating sober homes until such times that the Legislature has an opportunity to consider action at the state level,” the memo said.

While the issue of sober homes has raised tensions in Wellington and Delray Beach, Commissioner David Merker said the idea of sober homes is fairly new to Boynton Beach. He said he didn’t know how many of the homes there are in the city.